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(영문) 부산고등법원(창원) 2015.05.14 2014나22416
손해배상(기)
Text

1. The plaintiffs' appeals against the defendants are all dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Reasons

1. The reasoning of the court's explanation concerning this case is as follows, and the reasoning of the judgment of the court of first instance is as stated in the reasoning of the judgment, except for dismissal or addition of some contents as follows. Thus, it is citing it as it is by the main text of Article 420 of the Civil Procedure Act

[Supplementary or additional parts] Part 3 "Matasy" in Part 1 of Part 3 shall be considered as "Matmaf".

The fourth parallel of the 7th parallel of the 7th parallel of the 7th parallel of the 4th parallel of the 4th parallel of the road.

The following shall be added to the 7th page:

The state's compensation liability under Article 54-2 of the former Prevention of Contagious Diseases Act is a strict liability, and it is an independent compensation system specifically recognized by the law for the side effects inevitably caused by vaccination during the course of vaccination. The plaintiffs' claim for damages of this case against the defendants is premised on the defendants' violation of the defendants' duty of care or duty of explanation in the course of vaccination of this case. Therefore, even if it is acknowledged that the vaccination of this case caused disability, such as complete paralysis, etc., that the plaintiff A cannot be liable for damages immediately, and it should be proved that the defendants violated the duty of care or duty of explanation required in the course of vaccination of this case.

2. Therefore, the plaintiffs' claims against the defendants are dismissed in its entirety due to the lack of grounds, and the judgment of the court of first instance is justified in its conclusion, and all appeals against the defendants are dismissed in its entirety due to the lack of grounds. It is so decided as per Disposition.

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